Case Summary
The plaintiffs, Vijaya Bank and Bank of Baroda, filed a suit against the defendant, M/s. Lush Look, represented by Mumthas Nazar, to recover a loan amount of Rs.3,12,136.30 which was not repaid. The defendant contended that the suit was barred by limitation due to the business failure and lack of ability to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize Rs.3,12,136.30 and interest from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, allowing them to recover the outstanding amount along with interest and costs. The court found the defendant's claims regarding limitation and inability to repay unsubstantiated.
Why Plaintiff Won:
The plaintiff successfully established the existence of the loan and the defendant's default on repayment.
The plaintiff successfully established the existence of the loan and the defendant's default on repayment.
Losing Side's Weaknesses:
The plaintiff successfully established the existence of the loan and the defendant's default on repayment.
The plaintiff successfully established the existence of the loan and the defendant's default on repayment.
Supporting Evidence
The suit is not time barred. The defendant has admitted she could not pay any amount towards the loan. The unrebutted proof established the plaint claim.
Judgment Evidence:
In the result, suit is decreed as follows: Plaintiff is entitled to realize Rs.3,12,136.30/- from the defendant and from his assets. Plaintiff is entitled to realize interest @10.30% per annum from the date of suit till date decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya Bank
- Relation
- represented by its Branch Manager
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Branch Manager
- Party Role
- Defendant
- Party Name
- Mumthas Nazar
- Party Age
- 40
- Relation
- Proprietress
Plaintiffs Documents
Loan application dated 28.04.2014, Loan sanction letter dated 29.04.2014, Letter of repayment dated 29.04.2014, Demand promissory note dated 29.04.2014, Loan agreement cum hypothecation deed dated 29.04.2014, Acknowledgment of liability dated 17.01.2017, Lawyer's notice dated 19.09.2017, Statement of account along with certification.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.M. Rasheed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G.S. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Induja
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vipindas M.V.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.3,12,136.30 from the defendant.
Evidence:
The suit is decreed as follows: Plaintiff is entitled to realize Rs.3,12,136.30/-.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to interest on the recovery amount.
Evidence:
Plaintiff is entitled to realize interest @10.30% per annum for Rs.3,12,136.30/- from the date of suit till date decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted as evidence to establish the loan agreement.
Reference:
Ext.A2
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Provided evidence of the sanctioned loan to the defendant.
Reference:
Ext.A3
Document Type:
Letter of Repayment
Submitted By:
Plaintiff
Relevance:
Demonstrated the terms of repayment agreed upon by the defendant.
Reference:
Ext.A4
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Served as a formal agreement for the loan amount.
Reference:
Ext.A5
Document Type:
Loan agreement cum Hypothecation Deed
Submitted By:
Plaintiff
Relevance:
Established the hypothecation of goods as security for the loan.
Reference:
Ext.A6
Document Type:
Acknowledgment of Liability
Submitted By:
Plaintiff
Relevance:
Confirmed the defendant's acknowledgment of the debt.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Served to remind the defendant of their overdue payments.
Reference:
Ext.A8
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Provided proof of delivery of the notice.
Reference:
Ext.A9
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Demonstrated that communication was attempted with the defendant.
Reference:
Ext.A10
Document Type:
Statement of account along with certification
Submitted By:
Plaintiff
Relevance:
Summarized the outstanding amount owed by the defendant.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vijaya Bank et al vs M/s. Lush Look regarding Realization Of Money
Case Code Year
Case between Vijaya Bank et al vs M/s. Lush Look regarding Realization Of Money